States v. Lourdes Hospital

States (plaintiff) suffered an unexpected arm injury during surgery at Lourdes Hospital (defendant), which she attributed to the surgeon negligently keeping her arm bent at an extreme angle throughout the procedure; at trial, she offered expert testimony that such an injury would not likely occur absent negligence, and the trial court admitted this testimony and denied summary judgment to Lourdes, but the appellate court reversed and disallowed the expert testimony as improper under res ipsa loquitur.